Opinions on most effective resolution to legal malpractice committed in Ohio

[Feedmeinfo]

An attorney knows full well that he committed numerous ethical violations and, aside from that, committed malpractice in a civil rights action in Ohio. The client had assistance preparing a very thorough attorney grievance against said attorney, but the Disciplinary Counsel sheltered him from any adverse consequences and made a very disturbing decision without addressing any of the merits or offering rebuttals to citations and descriptions of ethics violations committed by the attorney and supported by evidence contained in the client's trial file/case file. Without addressing the myriad issues of his deplorable representation of the client, the client is soon approaching the SOL to sue for legal malpractice and intends to send a demand letter to the attorney prior to filing suit next month. What would be his best bargaining chip to negotiate a pre-litigation settlement and how would you suggest he proceed at this juncture?

Again, the discussions, arguments and evidence attached to the attorney grievance form the framework for the malpractice claim, and the attorney is aware that his chances of rebutting the evidence don't tip in his favor despite his resources and experience. Case research shows that the case has a trial or settlement value upwards of anywhere from $50k to $125k, and though summary judgment was granted to the defendants (as a result of the attorney's choices/inactions), a Rule 59(e) motion for reconsideration was filed, denied, and now is before the Sixth Circuit Court of Appeals and has substantial grounds for reversal of the district court's decision (the court also implied that the attorney did not cite to evidence or present any evidence at the summary judgment stage, which the plaintiff later presented after the attorney dismissed himself).

Hopefully this is enough information to allow informed advice, but any questions are welcome. Thanks.

 

[Willlyjo]

An attorney knows full well that he committed numerous ethical violations and, aside from that, committed malpractice in a civil rights action in Ohio. The client had assistance preparing a very thorough attorney grievance against said attorney, but the Disciplinary Counsel sheltered him from any adverse consequences and made a very disturbing decision without addressing any of the merits or offering rebuttals to citations and descriptions of ethics violations committed by the attorney and supported by evidence contained in the client's trial file/case file. Without addressing the myriad issues of his deplorable representation of the client, the client is soon approaching the SOL to sue for legal malpractice and intends to send a demand letter to the attorney prior to filing suit next month. What would be his best bargaining chip to negotiate a pre-litigation settlement and how would you suggest he proceed at this juncture?

Again, the discussions, arguments and evidence attached to the attorney grievance form the framework for the malpractice claim, and the attorney is aware that his chances of rebutting the evidence don't tip in his favor despite his resources and experience. Case research shows that the case has a trial or settlement value upwards of anywhere from $50k to $125k, and though summary judgment was granted to the defendants (as a result of the attorney's choices/inactions), a Rule 59(e) motion for reconsideration was filed, denied, and now is before the Sixth Circuit Court of Appeals and has substantial grounds for reversal of the district court's decision (the court also implied that the attorney did not cite to evidence or present any evidence at the summary judgment stage, which the plaintiff later presented after the attorney dismissed himself).

Hopefully this is enough information to allow informed advice, but any questions are welcome. Thanks.

Were/are you represented by this Attorney whom you claim committed legal malpractice?

Correct me if I'm misinterpreting your post, but does this post concern a case that you lost via Summary Judgement that has been submitted to the Appellant Court for possible reversal? If so, how can the SOL begin to run on legal malpractice when your case is still in the appealing stage? If you win the appeal, there is no legal malpractice no matter what your Attorney did, because you prevailed. If you lose the appeal, it could be due to your Attorneys negligence and maybe not.

If, in fact, you can prove your Attorney committed legal malpractice, you will have time after losing an appeal to attempt litigation against the Attorney. That is if you can find an Attorney to assist you. Otherwise, you better do some very diligent studying in order to act pro se.

BTW...I really don't think you will suceed in settling the matter pre-litigation. Just because you say you have a case, doesn't mean you do. I don't see any bargaining chips here--sorry. Good luck though.

 

[tranquility]

Just out of curiosity, when you say it is in front of the 6th circuit, what do you mean? Does it mean briefs have been submitted? Or, are you past that point?

Frankly, there are no bargaining chips here. Malpractice is hard to prove and difficult to show damages. Especially in a civil rights action, plaintiffs tend towards being, um, motivated. When combined with a lack of knowledge of the laws and reality of the situation, any difference in action from what the plaintiff thinks is suddenly malpractice. While the Bar is not presumptive of a final result, I suspect they are more realistic than the OP as to the reality of the situation.

But, to add advice to the above, the OP should plan for substantive litigation. The attorney is not going to deal.